
Development News for East Fishkill, New York
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Zoning Board of Appeals Meeting 5-26-26
Tuesday, May 26, 2026
Variances Sought for Pool, Sheds, and Gazebo; Board Moves to Advertise
The Zoning Board of Appeals reviewed an application for multiple variances related to existing structures and an above-ground pool at 12 Dogwood Lane. The applicant, Frank Zambendino, sought a 13-foot rear line variance for an 8x6 ft gazebo/firewood shed, a 13-foot rear line variance for a 16x12 ft shed, and a 10-foot side line variance for an existing 21-inch round above-ground pool. The pool was installed in 1996, and the sheds were built approximately four years prior. The current code requires permits for pools, and the side yard setback changed over time. The applicant noted that the structures are not anchored and could be moved, though it would require disassembly. Concerns were raised about the proximity to the neighbor's property and whether the neighbor had objections. The neighbor, Mr. Johnson, had passed away, and his daughter now owns the property. The survey indicated an easement behind the shed and firewood area. The board noted a chain-link fence that appears to encroach on the neighbor's property but stated it has been there since 1964 and is not the applicant's responsibility. The board moved to 'advertise,' indicating a procedural step before a final decision, likely involving public notification for a hearing on the variances.
Variance Granted for Front Yard Carport with Screening Condition
The Zoning Board of Appeals considered a request for a 27-foot frontline variance for an existing 20x18 ft carport located in the front yard. The applicant, Curtis Winchester, had constructed the carport without a permit a couple of years prior and sought to legalize its non-compliant placement. The board discussed the visual impact of the structure and the need for screening. It was determined that the benefits sought by the applicant could not be achieved by another feasible method without substantial reconstruction. The board approved the variance with the condition that vegetative screening be installed at the base of the structure or along the affected frontage to mitigate the visual impact. The resolution also noted that the applicant would need to coordinate with the building department for final approval. The public hearing notice was published on May 20th, 2026, with the hearing held on May 26th, 2026 (amended from May 28th).
Zoning Board Approves Special Use Permit for Home-Based Firearms Business
The Zoning Board of Appeals heard an appeal for a special use permit for a professional in-home office for a firearms business. The applicant, Christopher Scott, proposed operating a Type 7 Federal Firearms License (FFL7) business, which allows for firearm manufacturing, gunsmithing, transfers, and custom assembly. The board reviewed representations that included no retail showroom, no public inventory for sale, no exterior signage, no walk-in traffic (all interactions by appointment only), no waiting room, secure storage of firearms, off-site testing, and the use remaining incidental to the residential nature of the property. The board interpreted the town code to permit this specialized use given the limited operational characteristics and restrictions proposed by the applicant. The permit was approved subject to several conditions, including adherence to the application's representations, no retail operations, appointment-only customer visits, no exterior signage, secure storage, off-site testing, and maintenance of all required licenses. The board also addressed a neighboring concern about traffic, confirming minimal traffic generation due to the appointment-only nature of the business.
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